Appeal Court rejects Fubara’s N800bn budget appeal, upholds speaker Amaewhule’s leadership

The Court of Appeal in Abuja has dismissed Rivers State Governor Siminalayi Fubara’s appeal against the Federal High Court’s ruling, which nullified the N800 billion budget passed by a faction of the Rivers State House of Assembly led by Edison Ehie.

This budget, signed into law by Fubara, was ruled unconstitutional.

The three-member panel upheld the decision of the trial court, which in January 2024 invalidated the budget and recognized Martin Amaewhule as the legitimate Speaker of the Assembly.

The court had found that the passage of the budget by Ehie’s group, consisting of only five lawmakers, was legally void, citing the unconstitutional nature of their actions.

The trial court’s ruling followed a lawsuit filed by Amaewhule, accusing Fubara of unlawfully interfering with the Assembly’s operations, violating the separation of powers.

In its decision, the court barred the governor from withholding funds designated for the Assembly from the state’s Consolidated Revenue Fund, asserting that the executive had no authority to obstruct legislative processes.

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Fubara’s legal team had initially challenged the trial court’s jurisdiction but later withdrew all filings, effectively admitting to the facts presented by the plaintiffs.

The appeal court emphasized that this withdrawal left the governor’s appeal without merit, stating, “A party cannot approbate and reprobate.”

The court further criticized Fubara’s encouragement of a small group of lawmakers to pass the budget, branding it a violation of the Nigerian Constitution, which requires broader legislative participation.

This decision marks another chapter in Rivers State’s ongoing political crisis, rooted in the factionalization of the Assembly.

Fubara’s controversial presentation of the N800 billion budget in December 2023 to a pro-government faction at the Government House, following the demolition of the Assembly Complex, had escalated tensions.

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The budget was passed under questionable circumstances by four lawmakers loyal to the governor.

The appellate court ordered Fubara to pay N500,000 each to the ten respondents, reinforcing the trial court’s judgment that upheld Amaewhule’s authority as Speaker and nullified the budget. This outcome further solidifies the legal setbacks for Governor Fubara as he faces growing opposition within his state’s political landscape.